DECISIONS OF THE SUPREME EUCHRE COURT OF EARLWOOD

SECE JUDGMENT NO.2319

Citation:  ESG&EC v Nicklaus

Question:  Is an intoxicated player, falling asleep during a game and/or tournament and being unable to complete that game and/or tournament, guilty of professional misconduct?

Hearing date/s:  9 May 2005

Judgment date:  10 May 2005

Jurisdiction:  Professional Standards

Judgment of:  Hannah, P.

Decision:  Question answered, "Yes."

Catchwords:  Failure to complete game, intoxication, professional misconduct.

Legislation cited:  Earlwood Euchre Associates Act 1989 s.23 (1)(a)

Case/s Cited:  HCCC v Litchfield (1997) 41 NSWLR 630;
Sabag v HCCC [2001] NSWCA 411;
Pillai v Messiter (No 2) (1989) 16 NSWLR 197;
Spicer v NSW Medical Board & Ors (Court of Appeal 19 February 1981)

Parties:  ESG&EC - Plaintiff, Nicklaus - Defendant

File number(s):  SECE 42/2005

Counsel:  Ford, Abbott & Lout - Plaintiff, Tackhead & Associates - Defendant

Judgment:

1.  In it's affidavit of 5 May 2005, the Earlwood Social Golf & Euchre Club's Professional Players Association says it's member, Tack Nicklaus, is guilty of unsatisfactory professional conduct and/or professional misconduct.  The Association asks this Court to reprimand him and make orders for his better education so as to ensure his and the tournament public's safety.

2.  The particulars of the complaint are:

i. Between Sunday evening, 1 May 2005, and Wednesday evening, 4 May 2005, the player purchased, consumed and stored quantities of beer (draught and packaged) and red wine in excess of recognised and appropriate therapeutic standards;
ii. Between those dates, the player consumed alcohol in excess of accepted therapeutic use limits without applying for or obtaining a playing exemption authority from the Professional Players Association (PPA), contrary to s.28(a) of the Earlwood Euchre Associates Act 1989.
iii. On numerous occasions between those dates, the player failed to ensure that quantities of packaged alcohol in his possession were stored in a sufficiently safe and secure receptacle, (e.g. a fridge) contrary to the requirements set out in clause 1.6 of the ESG&EC's Earlwood Euchre Playing Conditions.
iv. The player feel asleep at the table during the third deal of Game 2 in a best of three semi-final match.
 

3.  As is to be observed, the complaint is about what are said to have been significant failures in the defendant’s obligations as a professional euchre player in the purchase, consumption and storage of alcohol, as it affected his tournament appearance on Wednesday evening, 4 May 2005.

4.  The complaint came on for an expedited hearing on 9 May 2005.  The defendant concedes the factual basis for all particulars of the complaint, save in relation to matters of packaged beer storage where his admission is confined to the novel assertion that the available motel room fridge was stocked, unknown to him, with freshly caught fish.  At the close of the defendant's oral evidence, leave was given for the defendant’s solicitor (himself) to provide the court with a bundle of documentary material, mainly discarded beer cartons and wine bottle corks.

5.  The court finds that the defendant's particularised conduct proved amounts to professional misconduct.

6.  The court reprimands Nicklaus and suspends his playing license for 12 months.  He is ordered pursuant to s 61(1)(d) of the Earlwood Euchre Associates Act 1989 to, at his own cost, successfully complete a course operated by the ESG&EC's Professional Standards Board entitled "The Assessment of Individual Competency for Playing Earlwood Euchre when Impaired", within 6 months of this day before he may reapply for his playing license.

7.  Nicklaus is to advise the PPA of his successful completion of the said course within 2 months of completion.  Within 6 months of the date when, pursuant to 6 above, Nicklaus advises the PPA he has successfully completed the said course, he shall submit to an skills audit conducted by them.  Should he pass this skills audit, the Association is to issue him with a probationary playing license.